The Position of Public and Private Law Rules in Analyzing the Nature of Land Acquisition and Its Effects in British and Iranian Judicial Precedent

The analysis of the nature of the events that are the source of the effect in the world of law occupies a part of the legal analysis in order to identify and evaluate the conditions and effects that govern it. In this article, with an analytical-comparative approach in the judicial precedent of Iran and the United Kingdom, the compulsory acquisition of land is examined. In British law, the recognition of the nature of compulsory purchase has been analyzed in the field of private law and theories of ordinary contract, quasi-contract, statute contract and the hypothetical sale have been proposed. In Iranian law, some tend to analyze its nature in the field of public law and express the theory of government act, administrative unilateral act and administrative contract. Yet, some analyze it in the field of private law and considered it as a private sale or contract. The conclusion of the discussion shows that the foundation of Iranian law, which originates from sharia, does not accept the analysis based on act of government, which is derived from French law. So analyzing in the field of private law, following such a foundation, supports the owner's compensation right adequately.